ARTICLE XXIII

GRIEVANCE PROCEDURE

1. Any grievance arising during the term of this Agreement will be settled in the following manner:

After an informal discussion between the teacher or teacher and his/her Association representative, at the teacher’s option, and the principal of the School, the grievance must be submitted by the party or the teacher aggrieved to the other party in writing and must be presented to the adverse party within seven (7) school days from the date the grievance arose whether or not a discussion was held.

The grievance will be discussed between the teacher, the Senior Delegate and the principal of the School within five (5) school days after presentation of the grievance. The party required to answer the grievance will give his/her answer in writing within three (3) school days after the close of the discussion provided in this step.

In the event the grievance is not adjusted as heretofore provided, the grievance will, within ten (10) school days after the answer in the previous step, be discussed between the Senior Delegate, the business representative of the Association and the principal of the School. The party required to answer the grievance will give his/her answer in writing within five (5) school days after the close of the discussion in this step.

Only grievances arising out of or involving the interpretation, violation, construction or application of any clause in this Agreement which are not settled under the foregoing steps, may be submitted to final and binding arbitration. Only the Association or the School may proceed to arbitration as provided herein. In the event either the Association or the School wishes to proceed to arbitration it must notify the adverse party in writing within ten (10) school days after the answer of the disposition of the grievance in the previous step.

All of the above time limits will be construed as calendar days. For grievances filed or processed after the last day of the teacher work year and prior to the September reopening, an additional two (2) days will be added to each step of the process during the summer shutdown.

The party desirous of arbitration may request the New Jersey State Board of Mediation or the American Arbitration Association to submit a list of arbitrators from which an arbitrator may be selected in accordance with the parties of that Board or Association.

The parties agree to expedite the grievance and arbitration steps to the end that all controversy will be settled at as early a date as possible.

In the grievance steps, if a party required to answer does not answer within the prescribed time the moving party will proceed to the next step.

Failure to proceed to the next step within the prescribed time for doing so will constitute acceptance of the answer at the step from which no appeal was made.

In the event of arbitration the costs of the impartial arbitrator will be borne equally by the parties.

The authority of the arbitrator is limited to an interpretation of the provisions of this Agreement and the arbitrator has no authority to alter, modify, substitute or change in any way the terms of this Agreement.

The Association or School may initiate or appeal a grievance at the appropriate step in the grievance procedure.